Johnson & Bell attorney Margaret A. Unger, accompanied by attorney Lauren A. Wieland, recently accomplished her 27th tried to verdict case with Estate of Patrick Glennon v. Joseph Carchedi M.D. and Condell Acute Care Center before the Honorable Susan Holmgren in Winnebago County. This highly sympathetic case was tried during the Christmas season December 6-17, 2004.  Contrary to the proverbial Christmas jury, the defense verdict is still run.

In 1993, Patrick Glennon sustained severe mental and physical disability at the age of 24, with no chance of recovery and a 41 year life expectancy. His condition today is a consequence of Addison's Disease. President John F. Kennedy had Addisons Disease and stood as an illustration of the unnecessary consequences suffered by Mr. Glennon due to late diagnosis. Plaintiff argued that because Mr. Glennon's symptoms were not properly investigated at CACC he went into Addisonian crisis, culminating in cardiac arrest and quadriplegia. Addisons Disease is an endocrine disorder which results in loss of sodium, and potentially life threatening electrolyte imbalance.

The case was brought against multiple defendants by attorney Ken Chessick. After years of discovery and disclosure of multiple expert witnesses, Mr. Chessick decided to settle with all other medical providers and focus on Condell Acute Care Center (CACC) as the first health care provider to evaluate Mr. Glennon.  Chessick argued that the diagnosis of mononucleosis at CACC was not only inconsistent with the patient's presentation but misled subsequent health care providers. Over the 10 years the case was pending, Plaintiff received a total of $1.45 million in settlement ($900,000 paid by ISMIS for family physician; $300,000 by ISMIS for physicians who treated at St. Anthony's Hospital following cardiac arrest; and, $250,000 from St. Anthony's Hospital).

Chessick presented several experts he uses frequently,  Dr. Frank Baker, boarded in Internal Medicine and Emergency Medicine, and Mary Hagedorn, a mastered degreed nurse and nurse practitioner in Colorado Springs. These two experts stood in sharp contrast to two experts presented by Condell, Dr. Richard Bone, Internal Medicine, Advocate Acute Care, and Lyn Scarborough, also a mastered degreed nurse and nurse practitioner. Neither had testified at trial before. Dr. James Mathews had also appeared as the expert witness on behalf of Dr. Carchedi.

Over objection by the Defendants, the court allowed evidence that Dr. Carchedi had failed board examinations for Internal Medicine on two occasions prior to the occurrence. He was not board certified at the time treatment was rendered, having completed his residency several months earlier. Plaintiff argued these facts as evidence that Dr. Carchedi was a substandard physician. The seminal case on apparent agency, Gilbert v. Sullivan, was decided in 1993, the same year as this occurrence. Following that case, hospitals have included disclaimers in patient authorizations advising that physicians were not hospital employees. In 1993 that was not the custom and the defense was unable to present evidence that it did anything to inform patients of the status of physicians.

The defense raised contributory negligence as an affirmative defense despite concern the young age of Plaintiff at the time disability occurred and the tragic consequences would cause jurors to take offense at the contention he was at fault for his own injury. Discharge instructions advised Mr. Glennon to seek medical attention if worse. In a follow-up call made to Mr. Glennon two days later, he reported he was slightly improved. He was again advised to see his private medical doctor.

Jurors cried during the Day-In-The-Life video which depicted the full extent of Plaintiff's dependency for total care that was poignantly narrated by his mother. He groaned during portions of the video. The absence of evidence of complications/hospitalizations over the past 11 years left the defense with little basis to argue shortened life expectancy. Dr. Robert Eilers examined Mr. Glennon in the courtroom, displaying the severity of his condition.

Condell is a member of the Illinois Provider Trust (IPT).  Colleen Garbars of IPT, and Bob Abney of ERC, followed the case closely.

Ms. Unger was recently elected to the American Board of Trial Advocates and has practiced with Johnson & Bell for over 21 years.  For more information on this case or her practice, please contact Ms. Unger at (312) 984-0274 or ungerm@jbltd.com.

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